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Filing # 140042417 E-Filed 12/09/2021 01:08:25 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: 50-2020-CA-007463-XXXX-MB
ROODY ST. GERMAIN,
Plaintiff,
v.
ROADRUNNER SERVICES, LLC., and
MANHEIM REMARKETING, INC.,
Defendants.
/
PLAINTIFF’S RESPONSE TO DEFENDANT,
ROADRUNNER SERVICES, LLC’S REQUEST FOR PRODUCTION
COMES NOW the Plaintiff, ROODY ST. GERMAIN, by and through the undersigned
attorneys and hereby responds to a Request for Production propounded by the Defendant,
ROADRUNNER SERVICES, LLC., on July 26, 2021 and states as follows:
1. Copies of any and all medical reports and/or records from any and all medical health care
provider, including physicians (including doctors of chiropractic medicine), hospitals,
outpatient facilities, diagnostic testing facilities or providers, therapists or anyone else of
the healing arts who has rendered treatment to or examined you subsequent to the herein
accident/incident which is the subject matter of this lawsuit. (This would include both
treating physicians as well as independent medical exams.)
RESPONSE: Attached on CD.
2. Produce copies of Plaintiff’s Federal Income Tax Returns, including W-2 forms, for the
years of 2015, 016, 2017, 2018, 2019, 2020 before the accident described in Plaintiff's
Complaint and any records reflecting your income thus far for the year 2021 or an
authorization to obtain same from the Director of the Internal Revenue Service.
RESPONSE: Attached on CD.
3. If you have made a claim for Social Security Disability or unemployment compensation
benefits since the accident in question, produce any and all documents in your possession
relative to the claim including all correspondence, applications, medical records sent in
support of the application, etc.
RESPONSE: None.
Page 1 of 7
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 12/09/2021 01:08:25 PM ***10.
11
A copy of your birth certificate and/or voter’s registration card.
RESPONSE: Attached on CD.
. Acopy of your current driver’s license.
RESPONSE: Attached on CD.
True copies of all bills and/or invoices relating to any other expenses that you claim you
have incurred as a result of this accident/incident, including, but not limited to, property
damage claim estimates, household assistance, out-of-pocket expenses, rental car bills,
etc.
RESPONSE: None.
True copies of all reports, evaluations, recommendations and/or analysis submitted by
any expert which relate to or cover the accident/incident which is the subject matter of
this lawsuit and/or any injuries, damages or losses allegedly caused by the
accident/incident.
RESPONSE: Plaintiff has not retained experts and does not know, at this time,
whether he will call any experts at trial.
. True copies of any and all bills incurred as a result of evaluation, examination,
consultation, treatment, testing or any other related services performed by any and all
medical health providers, including but not limited to doctors (including chiropractors),
hospitals, pharmacies, nurses, therapists and emergency/ambulance services, and any
members of the healing arts and related fields, i.e., prosthetics, supports, etc., as a result
of the injuries which you allegedly sustained in the subject accident.
RESPONSE: Attached on CD.
True copies of any and all writings, recordings, memorandums, notes, depositions, and all
other material reflecting statements made by the Defendant in this cause.
RESPONSE: None in Plaintiff’s possession.
Laser color copies of all photographs reflecting any and all injuries you sustained as a
result of the subject accident.
RESPONSE: None in Plaintiff’s possession, if any.
. Laser color copies of all photographs of the scene of the incident as depicted on or about
the date of the subject accident.
RESPONSE: Attached on CD.
Page 2 of 712
13.
14.
15.
16.
17.
18.
. Laser color copies of all photographs of the vehicles involved in the incident taken before
and after the subject accident.
RESPONSE: None in Plaintiff’s possession, if any.
Copies of any and all records indicating collateral sources paid or payable to you or any
assignee or paid on your behalf as a result of the accident which is the subject matter of
this action. (collateral sources being those defined in Florida Statute 768.76).
RESPONSE: Attached on CD.
Copies of any and all repair estimates or bills for the damage incurred to your vehicle as a
result of the subject accident.
RESPONSE: Not applicable.
Legible copies of all applications filled out by you, you attommey or any other
representative, for Personal Injury Protection benefits, and/or other insurance coverage
which will pay for any of your damages and/or wages as alleged in your Complaint.
RESPONSE: None in Plaintiff’s possession, if any.
If claim is made for wage loss or loss of earning capacity, true copies of each and every
document, chart, paper, graph, employment record, payroll record, time sheets and/or
other writings of any type evidencing each and every day or partial day you claim to have
missed from work as a result of the accident/incident, which is the subject matter of this
lawsuit.
RESPONSE: Objection. Request No. 16 is overbroad and unduly burdensome as
the requested materials are equally available to Defendant, who can
subpoena such records/materials using the provided information in
Plaintiff’s Answers to Interrogatories. Further, the request is not
reasonably calculated to lead to the discovery of admissible evidence.
Copies of any and all checks, PIP payout sheets and/or other writings that indicate the
amount of money, if any, that you have received as reimbursement for lost wages,
medical bills (or other bills) from your personal injury protection policy or any other
collateral sources.
RESPONSE: Attached on CD.
Copies of any and all reports, charts, graphs, or other writings from any vocational
specialist, rehabilitative consultants and/or other experts that have assisted you or
evaluated you with regard to damages claimed in this lawsuit.
RESPONSE: Plaintiff has not retained experts and does not know, at this time,
whether he will call any experts at trial.
Page 3 of 719. Copies of all diagnostic test results, including, but not limited to, x-rays, CT scans,
thermograms, MRI films, EMG, NCS, and other electrical studies that were performed as
a result of the accident which is the subject matter of this lawsuit.
RESPONSE: Attached on CD.
20. Copies of the front and back of any and all insurance identification cards, union
employment identification cards which would depict the name, address, policy number,
claim number, identification number of any insurance companies and/or employers which
will provide you with any benefits to compensate you for any of the damages that you are
alleging as a result of the accident/incident, which is the subject matter of this lawsuit.
RESPONSE: None in Plaintiff’s possession.
21. If claim is made for wage loss or loss of earning capacity, legible copies of any and all
statements, documents, correspondence, charts, or other writings of any type taken from
Plaintiff's employers and/or their agents pertaining to employment, wage loss, loss of
future earning capacity or the loss of the ability to earn money in the future, which would
support your allegations in the Complaint.
RESPONSE: Objection. Request No. 21 is overbroad and unduly burdensome as
the requested materials are equally available to Defendant, who can
subpoena such records/materials using the provided information in
Plaintiff’s Answers to Interrogatories. Further, the request is not
reasonably calculated to lead to the discovery of admissible evidence.
22. Copies of Traffic Accident Reports for any and all automobile accidents that you have
been involved in within the ten (10) year period before the accident giving rise to this
case.
RESPONSE: None in Plaintiff’s possession, if any.
23. Copies of any Traffic Accident Reports that you have been involved in since the
occurrence of the accident which is the subject matter of this lawsuit and a copy of the
traffic accident report for the accident which is the subject of this litigation.
RESPONSE: Attached on CD.
24. Copies of any and all “Mary Carter” Agreements, releases, or other documents and/or
agreements of any type that have been endorsed by you and any other person and/or
corporation, arising out of and related to the accident which is the subject matter of this
Amended Complaint.
RESPONSE: None in Plaintiff’s possession.
Page 4 of 725. Copies of any and all automobile, life, medical and health, or disability insurance policies
covering you in this lawsuit that were in full force and effect on the date of the accident
which is the subject matter of this lawsuit.
RESPONSE: Attached on CD.
26. Copies of any documents relating to the following insurance policies that were in effect
on the date of accident/incident and under which you were deemed an insured pursuant to
policy language and/or state or federal law: automobile insurance, life insurance, income
disability insurance and/or medical and health insurance.
RESPONSE: Please see Plaintiff’s response to Request to Produce No. 25.
27. Copies of any documents relating to your medical and health insurance policies and/or
carriers within the past fifteen (15) years.
RESPONSE: None.
28. Copies of any and all medical reports and/or records from any and all medical health care
provider, including physicians (including doctors of chiropractic medicine), hospitals,
outpatient facilities, diagnostic testing facilities or providers, therapists, or anyone else of
the healing Case arts who has conducted any type of evaluation, examination, treatment
or testing upon you, which occurred during the ten (10) years prior to the accident which
is the subject matter of this lawsuit.
RESPONSE: Objection. Request No. 28 is overbroad in time and scope, and is
unduly burdensome as the requested materials are equally available
to Defendant, who can subpoena such records/materials using the
provided information in Plaintiff's Answers to Interrogatories.
Further, the request is not reasonably calculated to lead to the
discovery of admissible evidence.
29. Copies of any and all medical reports and/or records from any and all medical health care
provider, including physicians (including doctors of chiropractic medicine), hospitals,
out-patient facilities, diagnostic testing facilities or providers, therapists, or anyone else
of the healing arts who has conducted any type of evaluation, examination, treatment or
testing upon you, which occurred subsequent to the accident which is the subject matter
of this lawsuit but involved services that were not related to the injuries that allegedly
resulted from the subject accident.
RESPONSE: Objection. Request No. 29 is overbroad in time and scope, and is
unduly burdensome as the requested materials are equally available
to Defendant, who can subpoena such records/materials using the
provided information in Plaintiff's Answers to Interrogatories.
Further, the request is not reasonably calculated to lead to the
discovery of admissible evidence.
Page 5 of 730.
31.
32.
33.
. Copies of all correspondence between you, your agents, servants and/or employees and
Defendant, its agents, servants and/or employees.
RESPONSE: None.
Copies of any and all statements taken of any witnesses (written or recorded) as a result
of the accident/incident which is the subject matter of this lawsuit.
RESPONSE: None in Plaintiff’s possession, if any.
Copies of any and all "Statements", within the meaning and definitions in Rule 1.280 (b),
Florida Rules of Civil Procedure, of the Defendant, the agents and employees of the
Defendant.
RESPONSE: None in Plaintiff’s possession, if any.
Copies of all documentation evidencing that this accident was caused in whole or in part
by others whom the Defendant had no dominion, custody or control.
RESPONSE: None.
[Space intentionally left blank/Certificate of Service on following page]
Page 6 of 7CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the was filed electronically and
was sent by E-Mail from the Florida’s Court’s E-Filing Portal system, unless other noted below,
on all counsel or parties of record listed below, this 9" day of December, 2021. The foregoing
document has also been sent from the undersigned counsel by E-Mail to all counsel or parties of
record listed below.
Steven R. Main, Esq.
Hill Rugh Keller & Main, P.L.
Attorneys for Defendant, Manheim Remarketing, Inc.
390 N. Orange Ave., Suite 1610
Orlando, FL 32801
smain@hrkmlaw.com; filings@hrkmlaw.com
Jessica R. King, Esq.
Law Office of Ignacio M. Sarmiento
Attorneys for Defendant, Roadrunner Services, LLC
P.O. Box 7217
London, KY 40742
bocalegalmail@libertymutual.com;
Jessica. king@libertymutual.com
SCHULER, HALVORSON, WEISSER,
ZOELLER, OVERBECK & BAXTER, P.A.
Attorneys for Plaintiff
Barristers Building
1615 Forum Place, Suite 4D
West Palm Beach, FL 33401
(561) 689-8180
By: /s/ Gregory M. Cummings, Esq.
WILLIAM D. ZOELLER
Fla. Bar No.: 155233
wzoeller@shw-law.com
tcoffey@shw-law.com
GREGORY M. CUMMINGS
Fla. Bar No.: 126074
gcummings@shw-law.com
jdaza@shw-law.com
Page 7 of 7
Preview
Filing # 140042417 E-Filed 12/09/2021 01:08:25 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 50-2020-CA-007463-XXXX-MB ROODY ST. GERMAIN, Plaintiff, v. ROADRUNNER SERVICES, LLC., and MANHEIM REMARKETING, INC., Defendants. / PLAINTIFF’S RESPONSE TO DEFENDANT, ROADRUNNER SERVICES, LLC’S REQUEST FOR PRODUCTION COMES NOW the Plaintiff, ROODY ST. GERMAIN, by and through the undersigned attorneys and hereby responds to a Request for Production propounded by the Defendant, ROADRUNNER SERVICES, LLC., on July 26, 2021 and states as follows: 1. Copies of any and all medical reports and/or records from any and all medical health care provider, including physicians (including doctors of chiropractic medicine), hospitals, outpatient facilities, diagnostic testing facilities or providers, therapists or anyone else of the healing arts who has rendered treatment to or examined you subsequent to the herein accident/incident which is the subject matter of this lawsuit. (This would include both treating physicians as well as independent medical exams.) RESPONSE: Attached on CD. 2. Produce copies of Plaintiff’s Federal Income Tax Returns, including W-2 forms, for the years of 2015, 016, 2017, 2018, 2019, 2020 before the accident described in Plaintiff's Complaint and any records reflecting your income thus far for the year 2021 or an authorization to obtain same from the Director of the Internal Revenue Service. RESPONSE: Attached on CD. 3. If you have made a claim for Social Security Disability or unemployment compensation benefits since the accident in question, produce any and all documents in your possession relative to the claim including all correspondence, applications, medical records sent in support of the application, etc. RESPONSE: None. Page 1 of 7 *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 12/09/2021 01:08:25 PM ***10. 11 A copy of your birth certificate and/or voter’s registration card. RESPONSE: Attached on CD. . Acopy of your current driver’s license. RESPONSE: Attached on CD. True copies of all bills and/or invoices relating to any other expenses that you claim you have incurred as a result of this accident/incident, including, but not limited to, property damage claim estimates, household assistance, out-of-pocket expenses, rental car bills, etc. RESPONSE: None. True copies of all reports, evaluations, recommendations and/or analysis submitted by any expert which relate to or cover the accident/incident which is the subject matter of this lawsuit and/or any injuries, damages or losses allegedly caused by the accident/incident. RESPONSE: Plaintiff has not retained experts and does not know, at this time, whether he will call any experts at trial. . True copies of any and all bills incurred as a result of evaluation, examination, consultation, treatment, testing or any other related services performed by any and all medical health providers, including but not limited to doctors (including chiropractors), hospitals, pharmacies, nurses, therapists and emergency/ambulance services, and any members of the healing arts and related fields, i.e., prosthetics, supports, etc., as a result of the injuries which you allegedly sustained in the subject accident. RESPONSE: Attached on CD. True copies of any and all writings, recordings, memorandums, notes, depositions, and all other material reflecting statements made by the Defendant in this cause. RESPONSE: None in Plaintiff’s possession. Laser color copies of all photographs reflecting any and all injuries you sustained as a result of the subject accident. RESPONSE: None in Plaintiff’s possession, if any. . Laser color copies of all photographs of the scene of the incident as depicted on or about the date of the subject accident. RESPONSE: Attached on CD. Page 2 of 712 13. 14. 15. 16. 17. 18. . Laser color copies of all photographs of the vehicles involved in the incident taken before and after the subject accident. RESPONSE: None in Plaintiff’s possession, if any. Copies of any and all records indicating collateral sources paid or payable to you or any assignee or paid on your behalf as a result of the accident which is the subject matter of this action. (collateral sources being those defined in Florida Statute 768.76). RESPONSE: Attached on CD. Copies of any and all repair estimates or bills for the damage incurred to your vehicle as a result of the subject accident. RESPONSE: Not applicable. Legible copies of all applications filled out by you, you attommey or any other representative, for Personal Injury Protection benefits, and/or other insurance coverage which will pay for any of your damages and/or wages as alleged in your Complaint. RESPONSE: None in Plaintiff’s possession, if any. If claim is made for wage loss or loss of earning capacity, true copies of each and every document, chart, paper, graph, employment record, payroll record, time sheets and/or other writings of any type evidencing each and every day or partial day you claim to have missed from work as a result of the accident/incident, which is the subject matter of this lawsuit. RESPONSE: Objection. Request No. 16 is overbroad and unduly burdensome as the requested materials are equally available to Defendant, who can subpoena such records/materials using the provided information in Plaintiff’s Answers to Interrogatories. Further, the request is not reasonably calculated to lead to the discovery of admissible evidence. Copies of any and all checks, PIP payout sheets and/or other writings that indicate the amount of money, if any, that you have received as reimbursement for lost wages, medical bills (or other bills) from your personal injury protection policy or any other collateral sources. RESPONSE: Attached on CD. Copies of any and all reports, charts, graphs, or other writings from any vocational specialist, rehabilitative consultants and/or other experts that have assisted you or evaluated you with regard to damages claimed in this lawsuit. RESPONSE: Plaintiff has not retained experts and does not know, at this time, whether he will call any experts at trial. Page 3 of 719. Copies of all diagnostic test results, including, but not limited to, x-rays, CT scans, thermograms, MRI films, EMG, NCS, and other electrical studies that were performed as a result of the accident which is the subject matter of this lawsuit. RESPONSE: Attached on CD. 20. Copies of the front and back of any and all insurance identification cards, union employment identification cards which would depict the name, address, policy number, claim number, identification number of any insurance companies and/or employers which will provide you with any benefits to compensate you for any of the damages that you are alleging as a result of the accident/incident, which is the subject matter of this lawsuit. RESPONSE: None in Plaintiff’s possession. 21. If claim is made for wage loss or loss of earning capacity, legible copies of any and all statements, documents, correspondence, charts, or other writings of any type taken from Plaintiff's employers and/or their agents pertaining to employment, wage loss, loss of future earning capacity or the loss of the ability to earn money in the future, which would support your allegations in the Complaint. RESPONSE: Objection. Request No. 21 is overbroad and unduly burdensome as the requested materials are equally available to Defendant, who can subpoena such records/materials using the provided information in Plaintiff’s Answers to Interrogatories. Further, the request is not reasonably calculated to lead to the discovery of admissible evidence. 22. Copies of Traffic Accident Reports for any and all automobile accidents that you have been involved in within the ten (10) year period before the accident giving rise to this case. RESPONSE: None in Plaintiff’s possession, if any. 23. Copies of any Traffic Accident Reports that you have been involved in since the occurrence of the accident which is the subject matter of this lawsuit and a copy of the traffic accident report for the accident which is the subject of this litigation. RESPONSE: Attached on CD. 24. Copies of any and all “Mary Carter” Agreements, releases, or other documents and/or agreements of any type that have been endorsed by you and any other person and/or corporation, arising out of and related to the accident which is the subject matter of this Amended Complaint. RESPONSE: None in Plaintiff’s possession. Page 4 of 725. Copies of any and all automobile, life, medical and health, or disability insurance policies covering you in this lawsuit that were in full force and effect on the date of the accident which is the subject matter of this lawsuit. RESPONSE: Attached on CD. 26. Copies of any documents relating to the following insurance policies that were in effect on the date of accident/incident and under which you were deemed an insured pursuant to policy language and/or state or federal law: automobile insurance, life insurance, income disability insurance and/or medical and health insurance. RESPONSE: Please see Plaintiff’s response to Request to Produce No. 25. 27. Copies of any documents relating to your medical and health insurance policies and/or carriers within the past fifteen (15) years. RESPONSE: None. 28. Copies of any and all medical reports and/or records from any and all medical health care provider, including physicians (including doctors of chiropractic medicine), hospitals, outpatient facilities, diagnostic testing facilities or providers, therapists, or anyone else of the healing Case arts who has conducted any type of evaluation, examination, treatment or testing upon you, which occurred during the ten (10) years prior to the accident which is the subject matter of this lawsuit. RESPONSE: Objection. Request No. 28 is overbroad in time and scope, and is unduly burdensome as the requested materials are equally available to Defendant, who can subpoena such records/materials using the provided information in Plaintiff's Answers to Interrogatories. Further, the request is not reasonably calculated to lead to the discovery of admissible evidence. 29. Copies of any and all medical reports and/or records from any and all medical health care provider, including physicians (including doctors of chiropractic medicine), hospitals, out-patient facilities, diagnostic testing facilities or providers, therapists, or anyone else of the healing arts who has conducted any type of evaluation, examination, treatment or testing upon you, which occurred subsequent to the accident which is the subject matter of this lawsuit but involved services that were not related to the injuries that allegedly resulted from the subject accident. RESPONSE: Objection. Request No. 29 is overbroad in time and scope, and is unduly burdensome as the requested materials are equally available to Defendant, who can subpoena such records/materials using the provided information in Plaintiff's Answers to Interrogatories. Further, the request is not reasonably calculated to lead to the discovery of admissible evidence. Page 5 of 730. 31. 32. 33. . Copies of all correspondence between you, your agents, servants and/or employees and Defendant, its agents, servants and/or employees. RESPONSE: None. Copies of any and all statements taken of any witnesses (written or recorded) as a result of the accident/incident which is the subject matter of this lawsuit. RESPONSE: None in Plaintiff’s possession, if any. Copies of any and all "Statements", within the meaning and definitions in Rule 1.280 (b), Florida Rules of Civil Procedure, of the Defendant, the agents and employees of the Defendant. RESPONSE: None in Plaintiff’s possession, if any. Copies of all documentation evidencing that this accident was caused in whole or in part by others whom the Defendant had no dominion, custody or control. RESPONSE: None. [Space intentionally left blank/Certificate of Service on following page] Page 6 of 7CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the was filed electronically and was sent by E-Mail from the Florida’s Court’s E-Filing Portal system, unless other noted below, on all counsel or parties of record listed below, this 9" day of December, 2021. The foregoing document has also been sent from the undersigned counsel by E-Mail to all counsel or parties of record listed below. Steven R. Main, Esq. Hill Rugh Keller & Main, P.L. Attorneys for Defendant, Manheim Remarketing, Inc. 390 N. Orange Ave., Suite 1610 Orlando, FL 32801 smain@hrkmlaw.com; filings@hrkmlaw.com Jessica R. King, Esq. Law Office of Ignacio M. Sarmiento Attorneys for Defendant, Roadrunner Services, LLC P.O. Box 7217 London, KY 40742 bocalegalmail@libertymutual.com; Jessica. king@libertymutual.com SCHULER, HALVORSON, WEISSER, ZOELLER, OVERBECK & BAXTER, P.A. Attorneys for Plaintiff Barristers Building 1615 Forum Place, Suite 4D West Palm Beach, FL 33401 (561) 689-8180 By: /s/ Gregory M. Cummings, Esq. WILLIAM D. ZOELLER Fla. Bar No.: 155233 wzoeller@shw-law.com tcoffey@shw-law.com GREGORY M. CUMMINGS Fla. Bar No.: 126074 gcummings@shw-law.com jdaza@shw-law.com Page 7 of 7